CRL OP No. 21694 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21694 of 2026 1. Tamilarasan 2. Jayapal 3. Anwar Basha 4. R. Sathish Kumar 5. B. Sathishkumar Petitioner(s) Vs 1. State Rep By, The Inspector of Police Ambur Taluk Police Station, Tirupattur District. Crime No.264/2026 Respondent(s) PRAYER: Criminal Original Petition has been filed under Section 482 of BNSS, praying to enlarge the Petitioners on bail in the event of their arrest in Crime No. 264/2026 pending investigation on the file of the respondent and thus render justice. https://www.mhc.tn.gov.in/judis CRL OP No. 21694 of 2026 For Petitioner(s): Mr. E. Kannadasan For Respondent(s): Mr.N.Palanivel, Govt.Advocate (crl.Side) ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 r/w 21(s ) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.264 of 2026, on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioner is that on 20.07.2026 when the respondent police was on routine vehicle check up intercepted two lorries bearing registration No. TN 21 H 7558 and TN 83 B 4977 and found 10 tons of Jalli stone and 16 tons of M-sand without having valid bills and permit. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioners got valid bills to transport the Jalli and M- sands. To that effect, produced he produced the bills. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 21694 of 2026 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 6. On perusing the bills submitted by the learned counsel for the petitioners it is amply clear that said bills dated immediately after the commission of offence but this is an issue which requires to be enquired into during the trial. However, though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that they have no previous case, and upon the fond hope that they would mend themselves in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Additional District Munsif cum Judicial Magistrate, Ambur, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: https://www.mhc.tn.gov.in/judis CRL OP No. 21694 of 2026 (a) If the petitioners fail to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioners are directed to produce a demand draft for a sum of Rs.60,000/- (Rupees Sixty thousand only) each in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Tirupattur District’, (Non refundable) before the learned Additional District Munsif cum Judicial Magistrate, Ambur ; (d) On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the District Collector. Upon receipt of the said amount, the District Collector shall realise and utilise the same strictly in accordance with law and in terms of G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025; https://www.mhc.tn.gov.in/judis CRL OP No. 21694 of 2026 (e) The petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks; (f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 07-08-2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1. The Additional District Munsif cum Judicial Magistrate, Ambur. 2. The Inspector of Police, Ambur Taluk Police Station, Tirupattur District. 3.The Public Prosecutor, High Court, Madras. 4. The Chairman/District Collector, . The District Mineral Foundation Trust of Tirupattur District. https://www.mhc.tn.gov.in/judis CRL OP No. 21694 of 2026 C.KUMARAPPAN J. pbl CRL OP No. 21694 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis